WORLD TRADE  
ORGANIZATION  G/SG/Q1/ZMB/1 
30 September 2009 
 (09-4575) 
Committee on Safeguards Original:   English 
  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLE 12.6 OF THE AGREEMENT 
 
Questions from the UNITED STATES Regarding
  
the Notification of ZAMBIA1 
 
  The following communication, dated 28 September 2009, is being circulated at the request of the Delegation of the United States.
2   
 
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  The United States thanks Zambia for its notif ication and poses the following questions with 
regard to its notification of Act No. 12 of 2004 amending the control of Goods Act – Chapter 421 of 
the Laws of Zambia  [hereinafter Act].   
 Question 1 
 
 Please clarify when the Act came into effect.   
 
Question 2  
 
 Is the WTO Agreement on Safeguards (hereinafter Agreement on Safeguards ) self 
implementing under Zambian law?  Assuming that the Agreement on Safeguards  is self-
implementing, in the event of a conflict between the Agreement on Safeguards  and the Act, which 
legal authority takes precedence?   
 
Question 3 
 
 Article 4A defines the term "safeguard investig ation" to mean an inv estigation into whether 
increased imports "have caused seri ous injury" to the domestic industry.  This definition does not 
seem to allow for the possibility of a finding of threat  of serious injury, even though the term "threat 
of serious injury" is defined elsewhere in Article  4A.  Please clarify whether Zambian authorities are 
able to apply a safeguard measure when they find that a product is being imported in such increased 
quantities and under such conditions as to threaten to cause serious injury.   
                                                     
 
1 G/SG/N/1/ZMB/2.   
2 These questions will not be taken up at the 19 October 2009 meeting.  The United States has 
requested that these questions be pl aced on the agenda for the meeting wher e the legislative notification from 
Zambia would be taken up.   G/SG/Q1/ZMB/1 
Page 2  
 
  Question 4 
 
 In reference to Article 4E, please clarify whether the Minister will, upon initiation of a safeguard investigation, notify the government s of exporting countries and the WTO Safeguards 
Committee, in accordance with Ar ticle 12.1 of the Agreement on Sa feguards.  In addition, please 
clarify where the statutory orders announcing th e initiation of a safeguard investigation will be 
published.    
Question 5 
  With regard to Article 4G(2)(j), please clarify how the Minister will decide the appointment 
of the "two other persons" to the Advisory Co mmittee.  Please clarify whether these appointees will 
be government personnel or whether the appointees may be employed outside the government.   
 
Question 6 
 
 With regard to Article 4J(1), please clarify whether the Investigations Committee will make 
available non-confidential summaries of confidential in formation supplied by interested parties in the 
investigation, in accordance with Article 3.2 of the Agreement on Safeguards .   
 
Question 7  
 
 Article 4L notes that the Investigations Committee will notify the public of hearings via Gazette  notice.   
 
a) Please clarify in which gazette this notices will be  published.  In addition, please confirm that 
interested parties will be notified directly by the Investigations Committee that such hearings 
will be held.   
 
b) Please confirm that any statements made orally in  a hearing will also be made available in 
writing on the public file of the case for interested parties to review and comment on.   
 Question 8  
 
 Article 4M(4) notes what the Minister will notif y via Gazette notice if a decision is made not 
to apply a provisional safeguard measure.  Pleas e confirm that the Minister will also provide 
notification upon the decision to apply a provisional safeguard measure, in accordance with 
Article 12.1 of the Agreement on Safeguards .   
 
Question 9 
 
 Article 4O(5) states that, "[n]otwithstanding any other provisions of this Part, a definitive 
safeguard measure in the form of a quota allocated  in accordance with subsection (4) shall not be 
extended beyond the initial period".  Please clarify what the initial period is.    G/SG/Q1/ZMB/1 
 Page 3 
 
 
  Question 10 
 
 Article 4U of the Act notes that the Minister may re-apply a safeguard measure to imports 
previously subject to a safeguard measure "[p]rovide d that a period equal to one half of the duration 
of an earlier definitive safeguard measure has elapsed  and not less than two years have elapsed".   
 
a) Please clarify how this is consistent with Article 7.5 of the Agreement on Safeguards  which 
states that a) a time period equal to the duration of a safeguard measure must pass before a safeguard may again be applied, and 2) that the period of non-application of the previous 
measure must be at least two years.   
 
b) Please confirm that if Zambia were to appl y a safeguard measure to a product which was 
previously subject to a safeguard measure, that it would undertake a new investigation 
pursuant to all relevant provisions of the Act and the Agreement on Safeguards .   
 
 
 
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